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B-216437 1 (1984-12-24)

handle is hein.gao/gaobadmbw0001 and id is 1 raw text is: THECOMPTROLLER GENERAL DEClSION . OP THU UNITED STATES WSHINGTON. 0. C. 20548 FILE: DATE: December 24, 1984 MATTER OF: Martel Construction Co., Inc. DIGEST: A complaint concerning the award of a contract under a federal grant filed with GAO 2 months after notification of adverse action by the grantor agency and exhaustion of adminstrative appeal procedures is not filed within a reasonable time and is dismissed. Martel Construction Company, Inc. (Martel), complains concerning the award of a contract for wastewater treatment systems improvement to D&L Building, Inc. (D&L), under Environmental Protection Agency (EPA) project No. C-560136-03, pursuant to a grant to Riverton, Wyoming. We dismiss the complaint as untimely. On April 23, 1984, the city of Riverton's (City) water and sewer committee recommended award to D&L and on that date Martel lodged a protest with the City arguing that D&L's bid was nonresponsive. On May 1, 1984, the City rejected Martel's protest and the City Council voted to make award to D&L. Martel protested to the City again on May 7, 1984, contending, in addition to its other protest points, that D&L's bid, which contained a mistake, was improperly corrected by the City. The City Council again denied Martel's protest and on May 9, 1984, recommended award to D&L. Pursuant to 40 C.F.R. S 33.1115(a) (1983), Martel appealed the City's adverse decision to EPA's Region VIII Administrator. The Regional Administrator, by decision dated July 13, 1984, denied Martel's protest. A certified mail receipt indicates that Martel received the July 13 decision on July 19. On August 3, 1984, Martel filed a request for reconsideration with the Regional Adminis- trator. The Regional Administrator summarily dismissed the reconsideration request on August 24, 1984. By letter dated September 12, 1984, and filed (received) at GAO on September 17, 1984, Martel requested that this Office review EPA's decisions. (Y 8 T7

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